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RESOLUTION NO.3388
A RESOLUTION DETERMINING THAT JAMES D.WEBER IS THE OWNER OF CERTAIN
REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING ABATEMENT
BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH
PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE
NUISANCE FOUND
Recitals:
1.Real PropertyLocation andOwnership.It isallegedbyaCode EnforcementOfficerofthe City,
a person authorized to enforce the ordinances and municipal code of the City, that the real
property located at 8692 NE Charles Road (Lot 15, Block 1,Gateway Estates Division #2
Replat),Parcel#091510215,Moses Lake,Washington,is the site of publicnuisance violations
of Moses Lake Municipal Code (MLMC)8.14.030 U. The records of Grant County show the
owner of the subject property to be James D.Weber,P.O.Box 502, Richland,WA 99352.
2. Notice. On July 10,2013,the Code Enforcement Officercaused to be delivered by regularmail
and certified mailto the owner of record ofthe subject property a Notice ofViolation and Order
to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply
under that order has passed.The nuisance described in that order has not been abated by
correction of the condition of the property and a nuisance continues to exist on the subject
property.On August 22,2013,the Code Enforcement Officer caused to be delivered to James
Weber a notice of the intent of the City Council to consider adoption of a resolution such as this
at its meeting of September 10,2013.Such notice was in writing,inthe English language and
was delivered by return receipt mail and regular mail to the record owner of the subject
property.
3.Violations.It has been established by the Notice of Violation and Order to Correct or Cease
Activity that the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined.Each ofthe following
conditions,unless otherwise permitted by law, is declared to constitute a public nuisance,
and whenever the Code Enforcement Officer determines that any of these conditions
exist upon any premises or in any stream,drainage way or wetlands,the officer may
require or provide for the abatement thereof pursuant to this chapter.
U.Except for any designated public park land, natural area, or environmentally
sensitive area, or any undeveloped parcels of land not adjacentto developed areas
or which are used for agricultural purposes,all grasses,weeds,or other vegetation
growing or which has grown and died,which is determined to be a fire or safety
hazard or a nuisance to persons,shall not exceed twelve inches (12") in height
measured above the ground.
1.The above exception may be waived and additional maintenance required by
the Code Enforcement Officer if he determines such action is necessary to
protect the safety of persons or adjoining property.
2. All maintenance shall be done in a manner so that soil stability will not be
disrupted or disturbed.Grass,weed,or vegetation control shall not include
RESOLUTION NO.33889Page2____September 10,2013
plowing,discing,or scraping the soil to eliminate the grasses,weeds,or other ^
vegetation unless asoil stabilization plan,which will minimize blowing dust and (^
maintain soil stability and which shall be approved by the city prior to any
plowing,discing,or scraping,is implemented immediately.
4.Hearing.On September 10,2013 the Moses Lake City Council conducted a hearing to
consider the allegations ofthe Code Enforcement Officer thatthe subject property contains a
public nuisance ordered corrected which remains uncorrected and that the record owner is
responsible for the costs of correcting and abating such violations if such corrections and
abatementis accomplished by City forces or forces contracted bythe City for such purpose.
All interested persons were permitted to provide written ororal evidence relevant totheissue.
5.Evidence:
5.1.The following persons testified under oath:
Rick Rodriguez, Moses Lake Code Enforcement Officer
5.2.The following exhibits were madea part ofthe record ofthe proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030
EXHIBIT #2: Notice ofViolation and Order to Correct or Cease Activity dated July 10,
2013 from the Code Enforcement Officer addressed to James Weber,P.O.Box 502
Richland,WA 99352.
EXHIBIT #3: Pictures taken by Code Enforcement Officerof the property located at
8692 NE Charles Road,Moses Lake,Washington
EXHIBIT #4: Letter dated August 22, 2013,from the Code Enforcement Officer to
James Weber advising the property owner of the hearing regarding abatement of
property,scheduled for September 10,2013.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 8692 NE
Charles Road, Moses Lake,Washington.James Weber,P.O.Box502, Richland,WA 99352
is the record contract owner of the subject property per the records of Grant County.
2. The public nuisance located uponthe subject property consists of:
2.1.Weeds and grasses in excess of 12"in height
3. The maintenance of these public nuisance violations on the subject property bythe record
owner is detrimentalto the health, safety, welfare,peace and tranquility ofthe residents of
the City impacting the quality of life and diminishing property values.
4.James Weber,the record contract owner,has fifteen (15)days from the date of the
adoption ofthis resolution to cause the nuisance violations listed hereinto be removedto
the satisfaction of the Code Enforcement Officer.Those improvements include the '^y
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RESOLUTION NO.3388
Page 3 September 10,2013
following:
4.1 Weeds and grasses must be cut down and/or removed from the site
5.City staff shall provide astatus report to City Council on the progress of the record contract
owner and occupant to make the clean up required on the subject property.If the
improvements,as listed above,are not to the satisfaction of the Code Enforcement Officer,the City is authorized to use City forces or contract forces to cause the identified public
nuisances toberemoved from the subject property tothesatisfaction ofthe City Manager.
All costs of any removal of the identified public nuisances done at City expense shall be
recovered by the City Manager by all reasonable means including immediate assignment
of the costs so incurred for collection.
6.Acopy of this resolution shall be provided to the record contract owner by return receipt and
regular mail after its approval bythe City Council.
Adopted bythe City Council on September 10,2013
ATTEST